Credit card surcharge laws in Virginia (2026)
Allowed with state conditions
You may surcharge credit cards in Virginia (no ban or cap), but since July 1, 2025 any advertised or displayed price must clearly and conspicuously include all mandatory fees or surcharges (Va. Code § 59.1-608), so show the surcharge percentage and the all-in card price wherever you post a price and keep a real no-surcharge payment option so the fee is not 'mandatory.'
The details
| Cap | None in state law (network caps only). |
|---|---|
| Disclosure | Va. Code § 59.1-608(A): no supplier may 'advertise or display a price for goods or services without clearly and conspicuously displaying the total price, which shall include all mandatory fees or surcharges.' 'Mandatory' = must be paid to purchase (§ 59.1-607); displaying a discount or fee waiver is expressly allowed (§ 59.1-609(A)(ii)). Enforced under the Virginia Consumer Protection Act: civil penalty up to $2,500 per willful violation; private action for actual damages or $500 ($1,000 if willful) plus attorney fees. 'Clear and conspicuous' defined by § 59.1-207.45. |
| Debit and prepaid | Not mentioned in any Virginia statute found. |
| Statute | Va. Code §§ 59.1-607 to 59.1-610 (Title 59.1, Chapter 58, 'Mandatory fees or surcharges'), Acts 2025 cc. 685, 686 (S.B. 1212 / H.B. 2515); no credit-card-specific surcharge statute |
| Court decision | None found. |
| Last change | 2025-07-01 (Chapter 58 effective) |
| Source check | Verified: the statute was read on the official site. Whether an avoidable card surcharge counts as a 'mandatory' fee is our reading; no Attorney General guidance or case was found |
| Checked | Oct 7, 2026 |
How this entry was checked
Whether an avoidable card surcharge is a 'mandatory' fee is INFERENCE: it is arguably not, but becomes mandatory if the merchant accepts only cards or no customer can pay the advertised price without it; no AG guidance or case found. 2024 H.B. 1519 (would have barred EFT processing fees under the VCPA) was never reenacted and is not in § 59.1-200. 2026 H.B. 1022 (c. 931, eff. July 1, 2026) adds total-cost disclosure for automatic-renewal/continuous-service offers, not point-of-sale surcharges. Section last reviewed 2026-10-06.
What this means for each program in Virginia
| Surcharging | Allowed, but only if you meet the state conditions above on top of the card-network rules. Equipment and signage have to be set up for Virginia specifically. |
|---|---|
| Cash discounting | Permitted under the card-network rules. The posted price is the card price and cash pays less; every card, debit included, pays the posted price. |
| Dual pricing | Treated like a cash discount in practice (our reading; the statute does not use the term): the card price shown first with the cash price beside it, every card pays the card price, cash pays the cash price. |
Card-network rules apply everywhere a surcharge is allowed
- Credit cards only. Never debit or prepaid, even when the customer presses "credit."
- Capped at 3% and never more than your own cost of accepting credit cards.
- Disclosed at the entrance and at the register, and printed as its own line on the receipt.
- Your processor (acquirer) gets written notice at least 30 days before you start.
Source: Visa Core Rules and Visa Product and Service Rules, April 2026 edition, sections 5.5.1.5 to 5.5.1.9. Mastercard's rules are comparable; its current rulebook text was not verified for this guide.
Sources
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Get my fit checkThis guide is general information, not legal advice. Each entry was checked against the official statute, regulation, or court decision linked on the page, as of the date shown, by Cardeva, LLC. Laws change, legislatures are in session, and court rulings can alter the practical status of a statute that remains on the books. Before starting any surcharge, cash-discount, or dual-pricing program, confirm the rules for your state and your payment types with your processor and your own attorney. Any program Cardeva sets up starts only after your processor approves it in writing; rely on that approval and your own attorney, not this page. Nothing here is a guarantee of any outcome. See our Terms of Use. Think something has changed? Use the contact form or call (612) 250-6132.